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U of Michigan and Amazon To Offer 400,000 OOP Books

eldavojohn writes "Four hundred thousand rare, out of print books may soon be available for purchase ranging anywhere from $10 to $45 apiece. The article lists a rare Florence Nightingale book on Nursing which normally sells for thousands due to its rarity. The [University of Michigan] librarian, Mr. Courant said, 'The agreement enables us to increase access to public domain books and other publications that have been digitised. We are very excited to be offering this service as a new way to increase access to the rich collections of the university library.' The University of Michigan has a library where Google is scanning rare books and was the aim of heavy criticism. (Some of the Google-scanned books are to be sold on Amazon.) How the authors guild and publishers react to Amazon's Surge offering softcover reprints of out of print books remains to be seen."

34 of 160 comments (clear)

  1. Wow... by vishbar · · Score: 5, Funny

    So how many books cover functional programming?

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    1. Re:Wow... by tool462 · · Score: 2, Funny

      Only one, but the catch is you have to pass it your own 'print' function.

    2. Re:Wow... by jc42 · · Score: 4, Interesting

      Also, in the 17th century, the term 'computer' used to refer to the human being performing the actual calculations (for calculating the trajectory of cannon balls for example).

      That usage only died out recently. My wife likes to tell people that her first job title was "computer". This was around 1970, when she got a job working for a civil engineering firm, using their fancy new desktop calculators to do the math for surveying work. She actually only got out of that line of work in the mid 1980s, when the calculating was finally being moved over to those fancy new desktop computers. The use of "computer" as a job title had died out by 1980, though, as it had by then become widely known as the name of a kind of electronic device and was thus inappropriate to describe a human.

      Now she does computing work for medical organizations, which are finally being dragged kicking and screaming into the computer age. Her iMac is more powerful, and has more pixels on its screen, than any in use at her office. But it'll probably still be some years before your typical MD understands what can be done with those newfangled electronic gadgets.

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  2. And the Kindle? by dmomo · · Score: 3, Insightful

    We've been pushing to go from Paper to Digital. It's interesting that they're going in the opposite direction here. The article has no mention of the Kindle. I find it hard to believe that the Kindle doesn't play some big role in this. Perhaps they will offer these books for free on the Kindle to help push the device? Personally, I think they should be online and free.

    1. Re:And the Kindle? by noidentity · · Score: 2, Insightful

      I think it's better that they are in Permanent Paper instead of Disappearing Digital format.

  3. Public domain trampled on again by Dunbal · · Score: 4, Funny

    So Amazon is going to be so nice as to offer us the chance to PURCHASE what actually belongs in the public domain? Wow. I am impressed and excited.

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    1. Re:Public domain trampled on again by Dunbal · · Score: 4, Insightful

      They are offering you the chance to PURCHASE their labor spent scanning the books.

            And as soon as someone decides to type up the contents of one of the books and put it online, what happens to their business model then? Or are they going to claim, like a certain museum in the UK, that although the copyright on the original work has expired, the copyright on their "scans" is brand new?

            This is a dangerous idea, because it will either cost Amazon money since they won't be able to maintain their business model on expired works, or (the most likely scenario) the public domain will lose once again as courts end up deciding that this is a valid method to perpetuate copyright for all time, by making copies of your work the night before copyright expires.

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    2. Re:Public domain trampled on again by Duradin · · Score: 2, Insightful

      The Count of Monte Cristo is in the public domain but if I want a dead tree version of it I have to be able to find a dead tree version of it and then generally will need to purchase that dead tree version.

      Now finding a copy of The Count of Monte Cristo is rather easy. Imagine trying to find a copy of something that is technically in the public domain but the book itself is rare enough to effectively not exist anymore (and there are no electronic copies of it) and the market so small that no one would bother trying to republish it even if they had the book to work from. Print On Demand is a perfect solution to that problem. You don't have to keep stock of books that will rarely sell but yet you can make those books available to for purchase.

    3. Re:Public domain trampled on again by Dunbal · · Score: 2, Insightful
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    4. Re:Public domain trampled on again by eldavojohn · · Score: 5, Informative

      This is a dangerous idea, because it will either cost Amazon money since they won't be able to maintain their business model on expired works ...

      You are extremely misguided in your analysis of this situation. To address your immediate concerns, the books have been scanned digitally. What's done is done. Amazon's Surge process is print on demand. So there's no loss of anything right now. Not one sale could be made and little cash would be lost as no books would be printed. Granted, these soft cover bindings aren't the nicest books, they're books. And you're also overlooking the fact that now libraries can have public domain books in physical copy on the cheap. Let's look at the FAQ:

      Q. What is provided for in the agreement with BookSurge, part of the Amazon group of companies?
      The University of Michigan will make thousands of books -- some rare and one-of-a-kind -- available on Amazon.com as reprints on demand. BookSurge will use the digital copies of the original works from the U-M Library collection to create a soft-cover reprint and mail it to customers.

      Q. How long does the agreement run?
      The initial agreement is for two years.

      Q. Is this an exclusive agreement?
      No. The agreement does not limit the U-M to offering reprints only on Amazon. In the coming year, the university will be extending the program and working with other potential printing and distribution partners.

      Q. How will this work?
      The public will be able to search for a title through the U-M Library or on Amazon.com. On the U-M Library Web site, for instance, there will be a "buy this book" link added that will allow users to order a reprint. Anyone with a link to the Internet and a credit card will be able to order reprints.

      Q. When will these additional titles be available for purchase?
      We expect to have the books available for reprint later this summer. We'll continue to add titles as books are digitized for the next several years.

      Q. Where are the original books?
      All of the titles offered for reprint are books or other publications that exist in the U-M Library collections. Some are very rare. Some are deteriorating badly and cannot safely be handled. All are being carefully preserved.

      Q. Who will buy these reprints?
      We think there will be wide interest in public access to these books. History enthusiasts, scholars, students, teachers and other libraries are among those we believe will make use of this new, low-cost reprint service.

      Q. What will the reprints cost?
      We estimate that costs will range from as little as $10 to about $45 for larger and longer books. Books will be mailed directly to customers.

      Q. Who sets the price?
      The U-M determines the list price of each book, which will be based on the length and size of the book. Amazon may discount that price, but may not charge more than the list price.

      Q. Will the U-M make money on the reprints?
      Yes, but that is not the primary goal. We want to make these books more available to the public and to scholars and this agreement accomplishes that. The books will be priced to cover the costs of production and a small profit. The university will use its proceeds to cover the cost of production and some infrastructure costs related to the digitization effort.

      Q. Why would Google agree to sales on Amazon?
      The university has an agreement with Google to do what it does best: Create digital copies of these books. Now the university has an agreement with a unit of Amazon to do what it does best: Sell books and other items very efficiently on the Internet. We think both are great partnerships and the companies

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    5. Re:Public domain trampled on again by Helios1182 · · Score: 3, Insightful

      It will work. The options are 1) spend $10 on Amazon to get a bound copy in the mail, 2) download a copy online and spend $10 printing it at home before stapling it together, and 3) go the Ann Arbor and maybe get access to the only remaining copy of the book at be forced to read it under supervision in a clean room.

      I know which one I would choose.

  4. Technically in the Public Domain But, by dmomo · · Score: 4, Interesting

    I am curious about the right to copy a rare public-domain book. Let's say someone owns the only copy of a book. They do not allow anyone else to scan it. But, they do scan it themselves.

    Do they own the "scan". Can they copyright that? Could they sue me for copying their scanned version? Suppose they ran it through some OCR. Then they changed the layout but not the text. Now could they use that as a basis from stopping me from copying it? It's their font/layout configuration after all.

    I suppose further, I could run their scanned work through my own OCR, and since the text itself is not copyrighted, I could then distribute the text.

    Sounds silly and convoluted, but this is the kind of argument we can expect to see as information becomes easy to control and manipulate. And as more and more public domain items come into the light, there will be more and more "stake holders" trying to protect their cash cows.

    1. Re:Technically in the Public Domain But, by Hungus · · Score: 3, Informative

      I am curious about the right to copy a rare public-domain book. Let's say someone owns the only copy of a book. They do not allow anyone else to scan it. But, they do scan it themselves.

      Do they own the "scan". Can they copyright that?

      yes

      Could they sue me for copying their scanned version?

      Yes

      Suppose they ran it through some OCR. Then they changed the layout but not the text. Now could they use that as a basis from stopping me from copying it? It's their font/layout configuration after all.

      Yes

      I suppose further, I could run their scanned work through my own OCR, and since the text itself is not copyrighted, I could then distribute the text.

      no because you used their work without permission An example of this is taking a photo of a work in the public domain. If it is your photo you can reproduce it and use it all you want. If it is someone else's photo you are SOL if you do not have rights to work with their photo.

      Sounds silly and convoluted, but this is the kind of argument we can expect to see as information becomes easy to control and manipulate. And as more and more public domain items come into the light, there will be more and more "stake holders" trying to protect their cash cows.

      you could however do it anyways and then they would have to prove that you used their copies to create your work. the problem is if it is a one of a kind and they can show you had access to it once again you are SOL.

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    2. Re:Technically in the Public Domain But, by Rene+S.+Hollan · · Score: 2, Insightful

      Oh, I disagree!

      They own the scan. They made it. But, I disagree that the scan is copywritable. It is not an original artistic work. It might be if it was a subsequently "cleaned up" version of the original, that was being re-released. Same, if it was OCR'd, but the issue would hinge on whether the OCRing was "merely transformative". Then, it would not be copyrightable.

      Of course, if you got their "only" scan in an illegal manner, and made copies of that, you might have committed the crime of theft, regrdless of copyright infringement. You might not have violated copyright, but you would have violated a proprty right -- taking without permission.

      Finally, in this case, I don't think it's the content that has value, but rather the manuscript, who's value is not diminished (and might, in fact be enhanced, if it's content proved popular). We can all get copies of Shakespeare's works, or a print of the Mona Lisa, and that does not diminish the value of an original manuscript, does it?

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    3. Re:Technically in the Public Domain But, by Jurily · · Score: 3, Insightful

      Sounds silly and convoluted, but this is the kind of argument we can expect to see as information becomes easy to control and manipulate.

      No, this is what you get for treating information as property. Maybe the law needs to get in sync with reality once in a while.

      You can go on and on about how it costs money to create information in whatever form, but as long as it's free to replicate it (since the devices needed are common household items now), you need a different business model other than selling it. I'm generalizing here because it doesn't just apply to literature. Think software, music, movies, etc. That's the beauty of computers: all information can be represented as a sequence of bits, and as such, easily copied and modified. Add in the fact that most people don't have a moral problem with copying, and you have laws that are impossible to uphold without a police state.

      Oh, and let's not go into the finer points, like what happens when I write a program, and the compiler output played as audio happens to be a copyrighted song.

    4. Re:Technically in the Public Domain But, by Hungus · · Score: 3, Informative

      You may disagree all you want to but you would still be wrong. I was involved in a lawsuit 3 years ago that says otherwise. Scans are considered original works and are copywritable.

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    5. Re:Technically in the Public Domain But, by Hungus · · Score: 3, Interesting

      Only if the original subject is in the public domain otherwise it is considered derivative. I was involved a few years ago with a rather stupid lawsuit where a publisher got ahold of a database containing tens of thousands of scanned pages of documents well into the public domain. (original documents were from the 17th and 18th century) They argued that they could publish the documents as they were in the public domain. The Owner of the scans argued that they were reproducing copyrighted work. The courts agreed with the owners of the original scans.

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    6. Re:Technically in the Public Domain But, by nzodd · · Score: 5, Informative

      IANAL, but I suspect they would not own copyright on a scan of a public domain work, at least not in the U.S., because of the precedent set down in Bridgeman v. Corel. Corel distributed non-original photographs taken by Bridgeman Art of public domain art works, and Bridgeman sued them, claiming they owned the copyright to those images. According to the decision, because the photographs were slavish copies of public domain works, the photographs themselves had no original element and thus couldn't be copyrighted. as Wikipedia puts it: "Bridgeman Art Library v. Corel Corp., 36 F. Supp. 2d 191 (S.D.N.Y. 1999), was a decision by the United States District Court for the Southern District of New York, which ruled that exact photographic copies of public domain images could not be protected by copyright because the copies lack originality. Even if accurate reproductions require a great deal of skill, experience and effort, the key element for copyrightability under U.S. law is that copyrighted material must show sufficient originality."

    7. Re:Technically in the Public Domain But, by PitaBred · · Score: 2, Informative

      Then the courts fucked up and you should have appealed. Photographs of public domain paintings are also in the public domain due to the work not being transformative, only technical.

    8. Re:Technically in the Public Domain But, by Hungus · · Score: 2, Informative

      The decision turned on the collection issue. The court ruled that since entire works were scanned that they constituted a collection and reproduction of said collection was a copyright infringement.

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    9. Re:Technically in the Public Domain But, by Adrian+Lopez · · Score: 2, Informative

      You may disagree all you want to but you would still be wrong. I was involved in a lawsuit 3 years ago that says otherwise. Scans are considered original works and are copywritable.

      You say here the court ruled that the works in question constituted a copyrighted collection. That doesn't mean the individual scans are protected by copyright, but that the collection itself is so protected. From your own description of the case, your assertion that copying the scans or text of public domain works constitutes copyright infringement remains altogether unsupported.

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  5. Why would the authors' guild care? by Jafafa+Hots · · Score: 2, Informative

    They can't sell reprints unless they are public domain. How many people who published works before 1929 are still alive?

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  6. Re:Why would the authors' guild care? by eldavojohn · · Score: 2, Informative

    They can't sell reprints unless they are public domain. How many people who published works before 1929 are still alive?

    Not all of these books are in the public domain. While I do not have a list of them, the article said only some of them are in the public domain. There are plenty of non-public domain books that are no longer in print and difficult if not impossible to get a hold of even if you have money to pay for them. That was why Google paid the Authors Guild and publishers $125 million (see the article I linked that is related to this story).

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  7. Re:OOPs by CarpetShark · · Score: 2, Funny

    I thought they were Object Oriented Programming books

    That's why you need to read these books ;)

    Every one.

  8. Already done by Anonymous Coward · · Score: 2, Informative

    This has already been done. There are several websites which do the same thing - reprint public domain content on the fly:

    http://bibliolife.com/
    http://www.kessinger.net/
    http://www.publicdomainreprints.org

    Interesting enough, BiblioLife was founded by the same people who founded BookSurge.

  9. Amazon To Offer 400,000 OOP Books by ArhcAngel · · Score: 2, Funny

    and subsequently delete them.

    --
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  10. DRM Question by MarkvW · · Score: 2, Interesting

    The law makes DRM-cracking illegal. Does that mean that publishers can slap DRM on a public domain book (lapsed copyright or otherwise), and thereby for all practical purposes extend the copyright?

  11. Public Domain != Non-commercial by ZackSchil · · Score: 2, Insightful

    I suppose since Amazon and Google are taking the time to scan, clean up, edit, typeset, and republish these books, they should feel free to sell them like they'd sell it like any publisher can with other public domain works. The fact that the books are rare doesn't change the situation legally. If someone wanted to buy the restored Amazon/Google reprint of a rare public domain book, scan it, run it through OCR, remove the formatting, and give it away for free, they could. If someone else then took that text and printed it out into a book and sold it, they could do that too.

  12. Re:OOPs by Paul+Carver · · Score: 2, Informative

    Why do they need to enter into an agreement with anybody to publish (in print or digitally) books in the public domain?

    Because Amazon doesn't have the books and presumably the U of Michigan library doesn't want to be in the business of reproducing (either physically or electronically) the books that they have on their shelves.

    Just because you happen to have a rare out of print book on shelf in your living room doesn't entitle me to come barging in your front door with my photocopier or scanner to make myself a copy, nor does it obligate you to hand out copies to everybody who walks by. However, we could enter into an agreement where you let me come into your living room at a convenient time and make a copy of your rare out of print book at my own expense. We could not legally enter into that agreement regarding the latest bestseller that you picked bought yesterday because copyright law prohibits me from copying it and you from inviting me in to copy it.

  13. not a new thing by Rogue+Haggis+Landing · · Score: 3, Insightful

    Other companies have been in the facsimile/reprint business for a while. The best known (at least in the U.S.) is probably Dover Press, but there are others. What makes it interesting is that this is Amazon doing the publishing, meaning that there will be an order of magnitude more titles available than what places like Dover can manage.

    My partner has ordered a few facsimile reprints of 17th century theological and philosophical works from Kessinger Publishing, works she wasn't able to get anywhere else. They're just poor facsimiles, almost photocopies, of old works, but even then manage to work in a little incompetence. Their printing of Sir Kenelm Digby's Of Bodies and of Man's Soul to Discover the Immortality of Reasonable Souls has on its cover (and as the title on the Amazon page!) one of the best editorial screw-ups ever.

  14. Re:Tried and True by the+phantom · · Score: 3, Insightful

    Part of the problem is that there are actually few books today that are worth much.

    This is not a problem of old==good and new==bad. Start from the assumption that 95% of everything is crap. 95% of the books that were written 400 years ago were crap. However, only the good ones have survived. This gives the impression that older stuff is better, but this is a mistaken impression.

    On the other hand, much of the good and valuable stuff from the past is very hard to get ahold of. There are people that would really love to have a copy of Addington's guide to illustrating flaked stone artifacts, but they are difficult to find, as the book has been out of print for years (and is not into the public domain to boot), and those of us that own copies of the book are not likely to give them up. If Amazon wants to get the rights to the book and print off copies on demand, I would be happy to pay them for the service. As I see it, Amazon is attempting to fill a niche. Sure, they make money off of it, but I don't see it as a simple marketing ploy designed to capitalize off of nostalgia for the past.

  15. Juris-whose-diction? by tepples · · Score: 3, Informative

    Do they own the "scan". Can they copyright that?

    yes

    Under what law in what jurisdiction? In the United States, Bridgeman v. Corel excludes photocopies of an uncopyrighted work from copyright because they lack originality.

  16. Juris-whose-diction? by tepples · · Score: 2, Informative

    I was involved a few years ago with a rather stupid lawsuit where a publisher got ahold of a database containing tens of thousands of scanned pages of documents well into the public domain. (original documents were from the 17th and 18th century) They argued that they could publish the documents as they were in the public domain. The Owner of the scans argued that they were reproducing copyrighted work. The courts agreed with the owners of the original scans.

    The United States has a 1991 Supreme Court case to the contrary: Feist Publications v. Rural Telephone Service . Which country are you talking about?

  17. Re:Public domain trampled on again, __NOT__ by omb · · Score: 2, Interesting

    Sometimes the CRAP here is amazing:

    1. Google is scanning the books, which makes it much less likely they will be lost

    2. Someone, probably Google, will index all the books, so we can find them, IN PRINT or not.

    3. Amazon will print, on demand, at a very reasonable price,

    Please, dip-shit, tell me what is wrong with that, you clearly have not waited for an "inter-lending library lending system" to find a copy of a book you want to read. It took >3 years to get the UK copyright libraries to produce AE van Volgt and Smith's Lensmen books, because they were fiction and thus "not serious".

    Personally I can not wait for google to create a new "Library of Alexandria" within which we can download books for 0 or a micro-transaction fee.

    Publishers begin to understand this, and typically, want to stop it, tough luck.

    Finally I subscribe to a number of pay for view sites (eg LWN.NET) which offer excellent value. and I would certainly subscribe to a good book/indexing service, commercial or otherwise.